We would like to inform you that the proceedings against Hans G. have been fully successful! The German entrepreneur paid the adjudged amount to the Piaśnickie Museum in Wejherowo.
The Polish League Against Defamation, which acted on its own behalf and on behalf of Mrs Natalia Nitek-Płażyńska, used all available legal means to ensure that justice triumphed!
In August, we informed you about the conclusion of the civil case concerning the lawsuit filed by Ms Natalia Nitek-Plażyńska against her former employer, Hans G.
Since the conclusion of the court proceedings, we have been monitoring the issue of Hans G’s compliance with the judgment.
We would like to emphasise that the achievement of this goal was made possible thanks to the generosity of you – our Donors – and would not have been possible without the broad public support, for which we would also like to thank you.
Our foundation is involved in several important lawsuits, e.g. in the case that Prof. Jan Grabowski brought against RDI, which called on him to maintain scientific integrity, but we also support the Municipalities of Tuszów Narodowy and Zakrzówek, which brought the case against Bart Staszewski, we assist the Association of Families of Cursed Soldiers in the case against Joanna Senyszyn, and we provided legal assistance to Ms Cyntia Harasim. We act by supporting the wronged in their struggle for justice.
Standing up for the truth and the good name of Poland and the Polish people, we have pledged to always fight to the very end. Despite numerous difficulties, including those related to raising funds, the Polish League Against Defamation is not in the habit of giving up; we work intensively to oppose the anti-Polish narrative.
As you know, litigation is an integral part of our mission, but it is also one of the most financially demanding activities we undertake.
Your financial support is essential for us to continually work and succeed together, so we kindly request further donations, which are crucial for the continuation of our mission.
We recall the proceedings against Hans G.:
The final verdict in this case was made (10 August 2023) in the Court of Appeal in Gdańsk, where the court there, reviewing the case, ordered Hans G. to pay the amount of PLN 50,000 to the Piasnica Museum in Wejherowo. By the court’s verdict, Ms Natalia Nitek-Płażyńska does not have to apologise to Hans G. for the recording of his hate speech that he made at his company’s headquarters, where he insulted Poles and called himself a Nazi. The court found that the plaintiff’s attitude deserved moral approval and that the interference was permissible. The recording of the conversation provided evidence of the defendant’s negative behaviour. The claimant should not face sanctions for disclosing the recording.
With regard to Hans G.’s statements, the Court considered that this type of combination – racist content, anti-Polish statements and negative stereotypes – does not deserve any protection. In the Court’s view, this kind of behaviour is a threat not only to interpersonal or labour relations, but also to international relations and is not protected either by the provisions of the Constitution (Article 54) or the European Convention on Human Rights (Article 10).
Legal path:
The case went to trial in 2016, when the Regional Court in Gdansk recognised Ms Natalia Nitek-Plażyńska’s reasons. In February 2019, the court of first instance obliged Hans G. to apologise to Ms Natalia in the national media and to pay PLN 50,000 as compensation to the Piaśnica Museum in Wejherowo. In the forests near Piaśnica, at the beginning of World War II, the Germans executed more than 12,000 representatives of the intelligentsia from Pomerania, as well as people of Polish, Czech and German nationality who had been brought from the Third German Reich.
In March 2020. – The Court of Appeal completely changed the judgment and also ordered Ms Natalia Nitek -Plazynska to apologise to her German employer. Ms Natalia was to apologise to the German Hans G. for having recorded his statements. The apology was to be public on two social media accounts, for a whole month, in addition Ms Natalia Nitek-Plazynska was to pay 10,000 PLN to the GOCC and cover court costs. The German, who insulted Ms Natalia Nitek-Płażyńska by saying that he was a Nazi and could execute all Poles, was to send Ms Natalia Nitek-Płażyńska a letter of apology, but did not have to apologise publicly. The court said that recording a German when he insulted Poles was undignified behaviour and therefore Ms Natalia Nitek-Płażyńska was to apologise to him.
With regard to this judgment of the Court of Appeal (dated 04 March 2020), the Polish League Against Defamation has filed a cassation in this appalling case. In November 2020. The National Prosecutor’s Office proceeded with the cassation in the case of Ms Natalia Nitek-Plażyńska.
On 7 March 2023. The Supreme Court almost entirely upheld the cassation appeal of the Polish League Against Defamation and Ms Natalia Nitek-Płażyńska represented by RDI lawyers Ms Monika Brzozowska-Pasieka and Mr Jerzy Pasieka.
The court remitted the case – by the Court of Appeal in Gdańsk, which was obliged to hear the case once again, in accordance with the guidelines contained in the grounds. The Supreme Court found that Ms Natalia Nitek-Plazyńska not only did not violate the defendant’s privacy, but that her action was morally justified. In addition, the Supreme Court pointed out that the rights of the victim and the perpetrator were equated here, and even more, that Ms Natalia Nitek-Płażyńska was wronged by the judgment of 4 March 2020. The court emphasised that the place of the apology should also be recognised once again by the Court of Appeal, as it cannot be the case that the perpetrator apologises privately and the victim has to apologise publicly. The court also pointed out that PLN 10,000 is a symbolic fee, yet we are dealing with racist, xenophobic content and violations of the rights to dignity and national identity.
There were also criminal proceedings against Hans G.:
In the first criminal case, the District Court in Wejherowo (in December 2019) found Hans G. guilty of insulting and threatening to kill Ms Natalia Nitek-Plażyńska. The court sentenced Hans G. to 8 months’ imprisonment, suspended for 2 years. In addition, Hans G. was sentenced to a fine of PLN 20,000, as well as to pay restitution to the injured party in the amount of approximately PLN 10,000. Furthermore, he was to reimburse the costs of the trial. The Regional Court in Gdańsk amended the verdict (acquitting Hans G. of one of the charges) upholding the conviction in respect of the insult.
From February 2021, a new criminal case against Hans G. was pending before the Regional Court in Gdańsk. At the first hearing, the indictment prepared by the Regional Prosecutor’s Office in Gdańsk was read out; the indictment indicated, among other things, an offence under Article 190 § 1 of the Criminal Code, stating that Hans G. had threatened to commit a crime against the life of Ms Natalia Nitek-Płażyńska on at least one occasion. In May 2022, an incomprehensible verdict was reached in the new criminal case of Hans G. – the court issued a ruling acquitting Hans G. of the charges brought by the Regional Prosecutor’s Office in Gdansk.
